HomeMy WebLinkAboutCC 1969-05-27 Minutes
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF NORTH RICHLAND HILLS, HELD
AT THE CITY HALL, 4101 MORGAN CIRCLE, .
TUESDAY. MAY 27. 1969 at 7:00 P.M.
CALL TO
ORDER
The meeting of the City Council was called to order
by Mayor Calvin F. Luper at 7:00 P.M.
PRESENT:
Mayor:
Councilmen:
Calvin F. Luper
Harold B. Daley
Dick Faram
J. B. Sandlin
Morris E. Riddle
ROLL CALL
STAFF:
PRESENT:
City Manager, Stephen K. Shutt
Secretary to City Manager, Donna Huckabee
City Attorney, Dennis Morrow
Consulting Engineer, William R. Ratliff
Fiscal Agent, Frank Medanich
Fiscal Agent, Hardy Eubanks
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ABSENT:
Councilmen: P. M. Dodson
J. R. Hubbard
James F. Cato
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Staff: City Secretary, Evalyn R. Huston
ITEMS ON
AGENDA
CONTRACT FOR SANITARY S1!.WER SERVICE BE'lWEEN THE
CITY OF FORT WORTH, TEXAS AND THE TRINITY RIVER
AUTHORITY AND THE CITY OF HURST AND THE CITY OF
NORTH RICHIAND HILLS . .
Councilman Riddle moved, seconded by Councilman
Faram, that the City Council accept Contract as
submitted. The motion carried by a vote of 4-0.
ORDINANCE NO. 261
AN ORDINANCE AUTHORIZIOO THE MAKIN} OF A CONTRACT
BE'l'WEEN THE CITY OF NORTH RICHIAND HILLS, TEXAS,
THE CITY OF HURST, TEXAS, THE CITY OF FORT WORTH,
TEXAS AND TRINITY RIVER AUTHORITY OF TEXAS;
PRESCRIBING THE FORM OF SAID CONTRACT; AND
ORDAINIm OTHER PROVISIONS REIA TIm TO THE SUBJECT.
Councilman Daley moved, seconded by Councilman
Riddle, that the City Council add. the emergency
clause and approve Ordinance No. 261. The motion
carried by a vote of 4-0.
,.
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COUNTERPROPOSAL TO CITY OF AZLE REUARDIm
TARRANT COUNTY WATER SUPPLY CORPORATION
Councilman Daley reported on the proposal given
by Azle. Councilman Daley moved, seconded by
Councilman Sandlin, that the City Council accept
Azle's proposal and make a counterproposal to
reserve the right to negotiate for all the bonds.
The mtion carried by a vote of 4-0.
NORTHWEST WATER SYSTEM IN CITY OF NORTH RICHLAND HILLS
Councilman Daley moved, seconded by Councilman
Riddle, that the City Council instruct the City
Engineers to prepare the necessary engineering for
application of a grant. The motion carried by a
vote of 4-0.
ADJOURNMENT
There being no further items on the special City
Council agenda for consideration, Councilman Daley
moved, seconded by Councilman Sandlin, that the
Special City Council meeting be adjourned. The
motion carried by a vote of 4-0.
{ì~~
MAYOR
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ATTEST:
{2~~'i.d~
cr- . -EClmARY - . -
LA\V Of··FICE..S
MÇCALL,PARKHURST (3"~ HORTON
1400 MERCA"ITILE BANK BUILDING
MILLARD PARKHURST
HOBBY H MCCALL
PAUL B. HORTON
E. RAY HUTCHISON
ROBERT T. LEWIS
PETER M. TART
DALLAS, TEXAS 75201
AREA CODE 214 R,VEiiSIOE 8-9501
..JOHN D. M!;;: CALL (J892-196,~i
CLARENCE E. CROWE (1903 -!962)
May 21, 1969
Mr. Stan Neuse
City Manager
City of Hurst, Texas
Mr. Steve Shutt
City Manager
City of North Richland Hills, Texas
CONTRACT BETWEEN THE CITY OF FORT WORTH, TEXAS,
TRINITY RIVER AUTHORITY OF TEXAS, CITY OF HURST
AND CITY OF NORTH RICHLAND HILLS
Gentlemen:
Enclosed are several informational copies of the subject contract
as it has been placed on the agenda by the City of Fort Worth
for their Council meeting next Monday. This is, I believe, in
the same form as the last draft I sent you.
We will forward necessary ordinances for consideration by your
Council at its meeting next week.
Very truly yours,
·-1
McCALL, PARKHURST & HORTON
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enclosures
cc: Mr. Frank Medanich
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CONTRACT FOR SANITARY SEWER SERVICE
BETWEEN THE
CITY OF FORT WORTH, TEXAS
AND THE
TRINITY RIVER AUTHORITY
AND THE
CITY OF HURST
AND THE
CITY OF NORTH RICHLAND HILLS
THE STATE OF TEXAS
I
COUNTY OF TARRANT
I
THIS CONTRACT AND AGREEMENT made and entered into as of the
day of , 1969, by and between the City of Fort Worth, a
municipal corporation located in Tarrant County, Texas, acting by and through
its duly authorized City Manager and the Trinity River Authority of Texas, a
governmental agency of the State of Texas, acting by and through its duly
authorized Board of Directors, and the City of Hurst, a municipal corporation
acting through its duly authorized City Council, and the City of North Richland
Hills, a municipal corporation, acting through its duly authorized City Council,
hereinafter called "Purchasers,"
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WHEREAS, the City of Fort Worth, at great expense, has built or
caused to be built a sanitary sewerage system, including interceptor or col-
lector lines, mains, sub-mains, laterals, sewage treatment facilities and other
appurtenances for the purpose of collecting sewage and other acceptable wastes
and transporting same away from the premises to place of treatment and disposal; and
WHEREAS, the City of Fort Worth, in the performance of a governmental
function, maintains said lines, plants and facilities as a sanitary sewerage
system and component part of the Fort Worth City Water Department; and,
WHEREAS, Purchaser, Trinity River Authority, proposes to construct a
sanitary sewerage system serving portions of the Walker-Calloway Branches
drainage area; and
WHEREAS, Purchaser desires to connect its sanitary sewerage system located
in the Walker-Calloway Branches drainage arœto that of the City of Fort Worth at
a point on the 96-inch diameter section of the Fort Worth Connecting Outfall Sewer
Xain for the primary purpose of furnishing sewer service to the City of Hurst and
the City of North Richland Hills; and,
WHEREAS, the City of Fort Worth, for and in consideration of the covenants
and agreements hereinafter contained, is willing to accept the sewage from the
lines of Purchaser into its own sewer lines at the point of connection
described hereinabove and to tran'sport and treat said selvage in the same manner
as sewage from within the limits of the City of Fort Worth is transported and
treated,
KNOW ALL MEN BY THESE PRESENTS:
I
That for and in consideration of the execution and performance of the
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execution and performance of the mutual covenants herein set forth. the City of
Fort Worth and Purchasers do hereby covenant and agree as follows:
1.
TERMS AND CONDITIONS
1. The City of Fort Worth hereby grants to Purchaser, Trinity River
Authority, the right to connect the sanitary sewerage system of the Trinity River
Authority located in the Walker-Calloway Branches drainage area to the City of
Fort Horth's 96-Inch Connecting Outfall Sewer Main, conditioned upon the plumb-
ing facilities of eacÌl residential and commercial connection made either directly
or indirectly to Purchaser's se\verage system served under the terms of this con-
tract conforming to and being in compliance with the applicable ordinances
governing similar connections within the corporate limits of the City of Fort
Worth.
2. Any sewer lateral, main or sub-main serving two or more residential or
commercial units of Purchasers, which is connected directly or indirectly with
the sanitary sewers of the City of Fort Worth shall be designed by, and the Con-
struction shall be supervised by, competent engineers. Such engineers shall, in the
preparation of plans and specifications for such construction, incorporate therein
requirements and methods of construction at least equal to those requirements
for similar construction of sewer laterals, mains or sub-mains under Fort Worth
Hater Department specifications and design requirements. The City of Fort Worth
shall have the right to make periodic inspections while such construction is in
progress and to require compliance with the plans and specifications so prepared.
3. The Cities of Hurst and North Richland Hills hereby grant to Trinity
River Authority the right to use their surplus capacity in said Authority's
Walker-Calloway Branch sewer facilities for the benefit of other parties as long as
such surplus capacity exists. and as long as this contract is in force and effect.
The amount of such surplus capacity shall be determined by Authority. It is
understood and agreed, hmvever, that the Cities of Hurst and North Richland Hills
shall never be obligated to maintain a surplus capacity in said sewer facilities
by curtailing the amount of sewage discharged into such facilities, and said Cities
shall have the unimpaired right at any and all times to increase their discharges
into said facilities to the maximum permitted by other contracts between said
Cities and Trinity River Authority.
The City of Fort Worth shall have the right to connect either directly
or indirectly future sanitary sewer services from customers situated in the City
of Fort Worth and in the service area of Trinity River Authority's Wdlker-
Calloway Branch sanitary sewerage system and shall have the right to discharge
sewage in an aggregate amount not to exceed 250,000 G.P.D. into such system so
long as capacity surplus to the needs of the Cities of Hurst and North Richland
Hills exist at the time of connection of such services. Trinity River Authority will
in like manner accept sewage from the City of Fort Worth in excess of 250,000 G.P.D.·
so long as surplus capacity exists. It is recognized and agreed that the total
amount of discharge that the City of Fort Worth may discharge into said
Authority's facilities hereunder shall be governed at all times by the amount of
surplus capacity available to Trinity River Authority, as determined by Autllority.
In the event the Walker-Calloway Branch sanitary sewerage system of said Authority
does not provide sufficient available capacity to receive at least
250,000 G.p.n. from connections in Fort Worth. it is agreed that
Trinity River Authorlty ¡¡nd Fort Worth will cooperate in the develop-
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ment of a mutually satisfactory plan for providing sanitary sewer service.
Trinity River Authority agrees that the charge rate to b.e paid by the City of
Fort Worth to said Authority for such connections and for the reception of sewage
shall be computed and determined in accordance with the standard procedure des-
cribed in this agreement for the determination of similar charges to be made by
the City of Fort Worth to said Authority for comparable services.
4. Purchàsers will not make any extension of sanitary sewer lines within
the extraterritorial jurisdiction of the City of Fort Worth, without the approval
of the City of Fort.Worth. In the event the City of Fort Worth agrees to any ex
extensions by Purchasers of its sanitary sewer service within the extra-
territorial jurisdiction of the City of Fort Worth, such extensions shall be
of sufficient size and capacity to serve the drainage area involved, and the
rates to be charged its customers by Purchasers, and the compensation to be paid
by it to the City of Fort Worth, shall be determined and fixed at the time such
action is taken.
5. Purchasers shall grant to the City of Fort Worth such easements and
rights of way along public highways or other property as are needed to construct
and maintain such sanitary sewer mains and facilities as the City of Fort Worth may
find it necessary to build. The City of Fort Worth will move such sanitary sewer
mains when reasonably necessary upon notice from Purchasers. The City of Fort Worth
will repair any damage to any street caused by the existence of such sanitary sewer
mains therein. All work done by or on behalf of the City of Fort Worth under this
paragraph shall be performed in accordance with specifications equal to those apply-
ing to work of a similar nature performed within the City of Fort Worth.
2.
MAINTENANCE OF SANITARY SEWERAGE SYSTEMS
All sanitary sewers, laterals, mains, sub-mains and appurtenances owned
by or acquired by Purchasers shall be maintained by Purchasers, and the City of
Fort Worth shall not have any responsibility or liability now or ever for the
operation or maintenance of said sewers.
All sanitary sewers, laterals, sub-mains, mains and appurtenances owned
by or acquired by the City of Fort Worth shall be maintained by the City of Fort
Worth, and Purchasers shall not have any responsibility or liability now or ever
for the operation or maintenance of same.
3.
RATES
1. Method of Determination o~ Charge
The service charge made by the City of Fort Worth for se\verage service
under the terms of this contract shall be based on the cofuplete cost of operation
and maintenance and the pro rata of the capital cost of the transporting and
treating facities as computed for the portion of the system utilized by Purchasers.
2. Rate to be Used
The charge rate for the initial perIod of tllis contract, which shall terminate
as provided hereinafter, has been determined to be as follows:
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A. The charge rate is $0.058 per 1000 gallons of sewage handled by the
City of Fort Worth when metering stations are used.
The respective portions of the charge rates are as follows:
Per Residential
Connection
Per 1000 Gal-
lons SeHage
Handled
a. Treatment facility
Rental Charge $0.257 $0.024
Operation and Maintenance 0.310 0.030
b. Transporting facility
Rental Charge $0.032 0.003
Operation and Maintenance 0.010 0.001
$0.609 $0.058
B. When the payment is computed on a per connection basis, the charge
rate per residential connection of Purchasers is $0.609 per month, and the
charge rate for each commercial connection shall be equal to the gallons of
Hater consumed per month by the commercial customer divided by 10,500 gallons and
multiplied by $0.609. The charge rate for each commercial connection shall not
be less than $0.609 per month.
C. The service charge shall be $25.00 per month for billing on a connec-
tion basis plus $25.00 per month per metering station. The meter service charge
includes the costs of billing, meter reading, charts and routine minor mainte-
nance of metering equipment. Cost of electric power and costs of repairs to the
metering ~tation, including the costs of materials, parts, labor and equipment
costs, shall be paid by Purchasers in addition to the $25.00 meter service
charge.
3. Adjustment of Charge Rates
A. The charge rate shall be revieHed and adjusted every five years. The
first such revieH shall be based on the annual costs of operations for the fiscal
year 1967-68. Cost trends, including the average rate of increase or decreas? in
the annual cost of operation, shall be projected to determine a fair adjusted
charge rate and meter service charge. The adjusted rate shall be made effective
as set out herein below.
I
On September 16, 1968, the City of Fort Worth employed a firm of rate con-
sultants to study and report on the rates being charged by the City of Fort
Worth for sewer~ge services being rendered to other municipalities, the purpose
of s'uch study and report being to assure reimbursement to the City of Fort Worth
of its total cost of acquiring, constructing, operating and maintaining facilities
for the collection, transportation, and treating of sanitary seHage, such costs
to be computed for the portion of the City of Fort Worth's sanitary sewerage
system to be utilized by each respective municipality, corporation or political
entity contracting for sewerage services. It is accordingly agreed that the
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charge rates as set out herein shall be adjusted by the City of Fort Worth based
upon the study and report of the rate consultants after acceptance of such
report by the City of Fort Worth, and it is further agreed that this adjusted
charge rate shall be effective on the next billing date following the date of
written notice by the City of Fort Worth to Purchaser setting forth the adjusted
charge rate.
The next adjustment of the charge rate following the initial adjustment as
set out above shall be effective October 1, 1973, and charge rate adjustments
shall be made each 5 years thereafter in accordance with procedures developed
by the City of Fort Worth as a result of the rate consultants' study.
B. The charge rate to be applied under the terms of this contract is the
charge rate per residential connection per month, except in the event either the
City of Fort Worth or Purchasers shall exercise its option to convert billing to
the metered sewage basis in the manner described hereinafter.
4.
PAYMENT FOR SANITARY SEWER SERVICE
Payment of charges to the City of Fort Worth for sanitary sewer service
used by Purchasers shall be made as follows:
1. The City of Fort Worth shall bill Purchaser, Trinity River Authority,
at the end of each monthly billing period for:
a. The service charge of $25.00 per month for billing on a per
connection basis.
b.' The sum of money obtained by multiplying $0.609 times the total
nunmer of residential customers plus the computed charge for
commercial customers discharging sewage into the City of Fort
Worih sewage system through an unmetered connection.
2. The billing period shall be each calendar month and the billing date
shall be each tenth day of the following month. The billing period
and the billing date may be changed by written agreement by the Director
of the Fort Worth Water Department and the Regional Manager, Northern
Division, of Purchaser, Trinity River Authority. Purchaser, Trinity
River Authority, shall make payment of the charges contained in a bill
rendered by the City of Fort Worth within 15 days followin¥ each such
billing date.
3. Failure on the part of Purchaser to make payments due the City of Fòrt
Worth shall be sufficient cause for refusal to receive sewage as
provided herein.
4. Records available: Purchaser, Trinity River Authority, agrees to fur-
nish a current statement each month shm.¡ing the number and type of se,"er
connections to its san~tary sewerage system for said preceding montll,
and further agrees to permit the City of Fort Worth, at reasonable times,
to examine the watcr and sewer records and customer accounts of
Purchaser, Trinity River Authority.
5. When convers.ion is made to charge rate per 1000 gallons of sewage handled:
At the second bilJing datc aftcr se\-ll1ge flm., metering státions are
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placed in operation, Purchaser shall make the la~t payment for
sanitary sewerage service based On the monthly charges per connection
set forth herein. Thereafter, the City of Fort Worth shall bill
Purchaser, Trinity River Authority, at each billing date for services
rendered during the billing period preceding such billing date an
amount equal to the sum of:
a. The meter service charge of $25.00 per metering station used, plus
metering station repair costs incurred by the City during the
billing period.
b. The sum of money obtained by multiplying by $0.058 the total number
of thousands of gallons of sewage flmving from Purchaser's sanitary
se\verage system into the Fort Worth sanitary se\verage system during
the billing period.
5.
CHANGE IN CHARGE RATE BASIS BY PURCHASERS
If Purchasers should decide that the volume of flow generated per connection
is sufficiently less than the average flow assumed for calculation of the per
connection rates, such that the charge rate on the per connection basis is not
con®ensurate with the charge rate per 1000 gallons of sewage, then Purchaser,
Trinity River Authority, may notify the Director of the Fort Worth Water Department
of such decision in writing and request that such flow metering stations be
constructed as the Director of the Fort Ivorth Water Department deems necessary to
determine the volume of sewage being delivered into the City of Fort Worth sanitary
se\Verage system from Purchaser's sani tary se\verage system. Within six months
after having received such \vritten notice, the Director of the Fort Worth Water
Department shall have caused such flow metering stations to be constructed and
placed in operation. Metering stations shall be accessibly located. Both
parties have thè right to observe performance of metering devices at any time.
Both the City of Fort Worth and Purchasers shall have the right to test any
metering stations at any time by first giving the other party notice of its
intention to nlake such a test and therefore giving reasonable opportunity to the
other party to have representatives participate in such test. Should any mal-
function be observed at any time, it shall be the duty of each party immediately
to notify the other of such malfunction, and upon such notice, correction of such
malfunction shall be made promptly by the City of Fort Worth. The construction
of such metering stations shall be performed by the City of Fort Worth, but all
costs attendant to such construction, including site acquisition shall be paid
by Purchaser within 30 days after receipt of billing for such construction costs
from the City of Fort Harth, such billing by the City of Fort Horth to folIo",
within 30 days after such metering stations are completed and. placed in operation,
but not prior to July 15 of the year in which the metering stations are com-
pleted. The City of Fort Worth shall operate and maintain the installed se"'age
flew metering stations in good order at all times and record the total volume
of sanitary sewage delivered into the Fort Worth Sanitary Sewerage system
from connections to Purchaser'~ sanitary sewerage system during each subsequent
billing period.
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6.
CHANGE IN CHARGE RATE BASIS BY FORT WORTH
Should the City of Fort Worth decide that the monthly charges per connec-
tion to be paid to it hereunder are not commensurate with its costs for handling
the volume of sewage generated by such connections, then the Director of the Fort
Worth Water Department shall notify Purchasers in writing of such decisiont such
notice to be given to Purchasert Trinity River AuthoritYt not later than
Harch 15 of the calendar year in \.;rhich such metering stations are to be constructed.
ì~ithin six months after having given such written noticet the Director of the
Fort Worth Water Department shall have caused such sewage flow metering stations
to be constructed as he deems necessary to determine the volume of sewage being
delivered into the City of Fort Worth sanitary se\.;rerage system from connections
to Purchaser's sanitary sewerage system. Metering stations shall be accessibly
located. Both parties have the right to observe performance of metering devices
at any time. Both the City of Fort Worth and Purchaser shall have the right to test
any metering station at any time by first giving the other party notice of its
intention to make such a test and therefore giving reasonable opportunity to the
other party to have representatives participate in such test. Should any mal-
function be observed at any timet it ~hall be the duty of each party to notify
immediately the other of such malfunctiont and upon such notice, correction of
such malfunction shall be made promptly by the City of Fort Worth.
7.
".._,
INDUSTRIAL WASTES
The Quality of the sewage delivered into the Fort Worth Sanitary Sewerage
System from the sanitary sewerage system of Purchaser shall be equal to or
better than the quality standards established by ordinances of the City of Fort
Worth regulating industrial wastes to be injected into the Fort Worth Sanitary
Sewerage System from connections within corporate boundaries of the City of Fort
Wortht and Purchase~covenant and agree to be liable for and assume the same
penalties for violation of such quality standards applicable to a producer of
industrial wastes located within the corporate boundaries of the City of Fort
Worth.
8.
LIFE OF CONTRACT
The life of this contract shall be thirty-five (35) years from the date
of its executiont and thereafter shall be subject to renegotiation between the
parties hereto.
It is contemplated by the parties hereto that the basis for renegotiation
for this agreement upon its expiration will have as its object computing a fair
charge for services that recovers all costs direct and indirect that mig11t be
incurred by the City of Fort Worth in providing such services.
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9.
EFFECTIVE DATE FOR BILLING
The effective date of this contract for billing purposes shall be the tenth
day of the month follmving the month during \vhich the first introduction of
sewage into the City of Fort Worth's system under the terms of this agreement
occurs.
10.
The City of Fort Worth and Purchasers each bids itself, its successors and
assigns, to the.other party to this agreement and to the successors and assigns
of each other party with respect to all covenants contained in this agreement.
NeHher party hereto shall assign, sublet or transfer any rights hereunder \vith-
out the written consent of the other party.
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IN TEST UfO NY HHEREOF, after proper action by the respective governing
. bodies for the parties hereto, we have caused these presents to be executed in
multiple copies, each of which is considered to be an original, and the seals of
the respective parties to be hereto affixed as of the date above written.
ATTEST:
CITY OF FORT WORTH:
By
Ci ty Secretary
City Manager
APPROVED AS TO FOB}l AND LEGALITY:
City Attorney
APPROVAL RECO~lliENDED:
Director, Fort Worth Water Department
(SEAL)
ATTEST:
TRINITY RIVER AUTHORITY OF TEXAS:
By
Secretary, Board of Directors
(SEAL)
President, Board of Directors
ATTEST:
CITY OF HURST:
By
City Secretary
(SEAL)
Mayor
ATTEST:
CITY OF NORTH RICHLAND HILLS:
By
City Secretary
(SEAL)
Mayor
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